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Visa for the mother of our Irish citizen child.

Forum to discuss all things Blarney | Ireland immigration

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Romantic123
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Location: Ireland
Ireland

Visa for the mother of our Irish citizen child.

Post by Romantic123 » Mon Jun 07, 2021 6:56 pm

My partner is Filipino living in the Philippines.
We have a 2-year-old daughter who has been granted an Irish passport as proof of Irish citizenship.
I am an Irish citizen living in Ireland and unfortunately in receipt of Unemployment benefits.
My partner has a successful business in the Philippines but hopes to sell up and come here with our daughter to live.
My partner is also a qualified and experienced Carer.
We plan to get married once Covid travel restrictions are lifted.

We would appreciate any advice on the best approach to take for my partner and daughter to move here.

Thanks

conbob
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Joined: Sun Feb 17, 2019 6:14 pm
Ireland

Re: Visa for the mother of our Irish citizen child.

Post by conbob » Mon Jun 07, 2021 7:41 pm

Have you previously lived together for 2 years or more? I wonder if it might be possible to go through the de facto visa route for unmarried partners?

http://www.inis.gov.ie/en/INIS/Pages/De ... ationships

Romantic123
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Posts: 34
Joined: Mon Nov 25, 2013 9:10 am
Location: Ireland
Ireland

Re: Visa for the mother of our Irish citizen child.

Post by Romantic123 » Mon Jun 07, 2021 8:25 pm

Thank you for your reply. No, we have not lived together for 2 years. I have been going to the Philippines every year for about 7 years to meet her/them. Thanks.

Romantic123
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Posts: 34
Joined: Mon Nov 25, 2013 9:10 am
Location: Ireland
Ireland

Re: Visa for the mother of our Irish citizen child.

Post by Romantic123 » Mon Jun 07, 2021 8:47 pm

The following excerpt from http://www.inis.gov.ie/en/INIS/Family%2 ... cument.pdf
seems to clarify the situation somewhat.
I would still be happy to hear of any other peoples experiences. Thanks.

19 Irish Citizen Children– Applications for Parental Migration
19.1 The normal situation in respect of a family reunification application is
where one person with “tenure” (either as a citizen or resident) seeks to
sponsor a family member. However there will be cases where a parent
seeks residence in Ireland on the basis of their citizen (minor) child. In
these circumstances the child cannot be said to sponsor the parent.
The basis of the application in such cases is that the parent’s presence
and residence in Ireland is necessary for the financial and emotional
support of the child. Such cases do not fall strictly into the category of
family reunification or settlement. However, for completeness it is
necessary to make reference to them in this document.
19.2 Clearly not all cases are the same and each has to be looked at in the
light of the factual circumstances. In addition to the family rights under
the European Convention on Human Rights and the Irish Constitution,
certain rights are also held by the Court of Justice of the European
Union (CJEU) to attach to EU citizens. The Court’s judgement in the
Zambrano case, as refined in subsequent cases21, provided for a
derived right of residence for the parents of the EU citizen child where
the child would otherwise lose the useful effect of its EU citizenship by
being forced, as a minor, to leave the Union with its parents. While in
reality the application of the Zambrano judgement is more limited and
dependent on circumstances than is sometimes appreciated, it is
nevertheless a key consideration in any case to be assessed.
19.3 In many cases involving an Irish citizen child no “Zambrano issues” arise
because the child is not at risk of removal (essentially constructive
deportation) from the country, for instance where one of the parents is
an Irish national or some other person whose right to reside is not in
question. However, and while it is not possible to be prescriptive in

21 Eg McCarthy V Secretary of State (C-439/09) Dereci & Others (C-156/11),
Page 55 of 71 55
advance of the circumstances of the case being considered, it is
intended as a matter of general policy, to grant immigration permission
where the parent can demonstrate an active and continuous
involvement in the child’s life, providing real emotional and/or financial
support. Account would of course have to be taken of any issues
relating to the conduct (including criminality, domestic violence etc.) of
the applicant. In addition, the factors set out in Section 6 of this
document would also be relevant to any determination.
19.4 Where the child is Irish born but not entitled to citizenship the provisions
of EU law as arising in Zambrano and later cases do not apply and the
adult cannot base an application for residence on the birthplace of the
child.
19.5 A particular class of case that could arise is where a family residing
abroad (most likely in the country of birth of most of its members)
contains one minor child who is an Irish citizen. Clearly the Irish citizen
child has a right to reside in the State. The parents do not and cannot
claim personal rights of residence merely by dint of parentage. It is the
child’s rights that are in question and the residence of the parents is
considered with reference to the contribution their presence in the
State would contribute to the child’s enjoyment of its rights as a citizen.
The nature of the application therefore in this case would be for the
admission to Ireland of one or more parent in the company of their
minor child (or older child who suffers from a mental of physical disability
that renders independent living impossible).
19.6 It must be taken that, in order to exercise his or her right to reside in the
State, the child must be in the care of a responsible adult but this of itself
does not necessarily dictate the outcome of any decision on the
immigration application of the parents or indeed those of siblings. Each
case needs to be looked at on its merits taking into account the family
Page 56 of 71 56
situation and the composition of the family unit. In some cases there
may be an ongoing cohabiting relationship between the parents taking
joint care of the child. In other instances the family unit could be based
on one parent, with the child’s other parent estranged or in a new
relationship. It might also be observed that a series of linked
applications, seeking to bring to Ireland both parents and all siblings, on
the basis of the citizenship of a single minor would seem to go beyond
what is reasonable, particularly if the State would be required to provide
financial support for the family.

littlerr
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Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Visa for the mother of our Irish citizen child.

Post by littlerr » Mon Jun 07, 2021 8:55 pm

She wouldn't be able to apply for a visa based on her relationship with you as things stand, regardless of whether you are married or not, since you are using means-tested benefits at the moment. You need to make sure that (1) you are married (or unmarried but have lived together for at least 2 years), (2) you are not using means-tested benefits, and (3) you have earned a gross income of 40K over the last 3 years.

She might be able to apply for a visa based on your Irish citizen child. These cases, however, are not part of the standard Family Reunification policy, as the child does not have a job. These cases are examined on a case-by-case basis by immigration officers, who would examine whether it would be in the child's best interest to move her and her child to Ireland. This is quite a subjective process and the onus is on her to provide very strong argument that it would be better to move to Ireland. With you being on social benefit and her quitting a sound business, it's going to be quite difficult to convince the officer.

Romantic123
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Posts: 34
Joined: Mon Nov 25, 2013 9:10 am
Location: Ireland
Ireland

Re: Visa for the mother of our Irish citizen child.

Post by Romantic123 » Mon Jun 07, 2021 9:53 pm

Thank you Littler. I am aware of the fact that our being married won't mean she can get a visa to accompany me here as I am in receipt of state benefits and even if I did earn €40,000 per year I understand I need to show that I have been earning at least this amount for 3 or more years.
I am hoping she will be permitted to accompany our Irish Citizen child and can show that she would be able to support herself while working as a carer if permitted to do so. This is an awkward one as she would not be applying for a work permit and visa but a visa to take care of her Irish child but would not be a burden on the State

toby2020
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Posts: 13
Joined: Sun Dec 29, 2019 8:21 pm
Ireland

Re: Visa for the mother of our Irish citizen child.

Post by toby2020 » Tue Jun 08, 2021 11:24 am

Your best option may be to move to another European country and apply for a family permit which she will get, if you did this before Brexit you could of moved to Northern Ireland and bring her to live with you there for 3 years and then apply for Irish Citizenship that's if you got married but this option i don't think would be available now with uk out of Europe.

I think whilst you are claiming Benefits your chances of bringing her to Ireland are slim to none.

Romantic123
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Posts: 34
Joined: Mon Nov 25, 2013 9:10 am
Location: Ireland
Ireland

Re: Visa for the mother of our Irish citizen child.

Post by Romantic123 » Wed Jun 23, 2021 10:11 pm

My partner and mother of our Irish citizen child will apply for a visa based on the nearly 2-year-old's need to be with her mother while living in Ireland. I would appreciate any advice on the type of visa my partner should apply for. Thank you

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